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(영문) 청주지방법원제천지원 2020.10.13 2020고합20
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one, other than electors, voting witnesses, officials in charge of voting management, members and employees of the Eup/Myeon/Dong election commission and their superior election commission, and voting clerks, who intend to vote, shall enter the polling station.

Although the Defendant had already received advance polling at the advance polling station (C community service center's third floor room) established on April 10, 2020, the Defendant re-enters the above advance polling station into the advance polling station without voting intention to verify whether it is possible to duplicate advance polling at around 11:30 on April 11, 2020, and presented an identification card to the voting clerk.

Accordingly, the Defendant entered the advance polling station as above even though he was not the elector who intended to vote.

Summary of Evidence

1. Application of the statutes governing video CDs taking pictures of the defendant's legal statement;

1. Article 256 (3) 2 (e), and Articles 163 (1) and (4) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fine not exceeding 4 million won;

2. Scope of the recommended sentencing criteria: The sentencing criteria are not set.

3. Although the Defendant had completed advance polling, the Defendant, at the time of having completed the advance polling, went through a new advance polling station for the purpose of confirming whether duplicate advance polling is possible, thereby impairing the fairness of the election and causing confusion in election affairs.

However, the fact that the defendant recognized all of the crimes, the defendant seems to have actively interfered with or did not cause any disturbance in the polling station, and the defendant is considered as a favorable condition that has no record of punishment for the same kind of crime, taking into account the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, etc., as a whole, various sentencing conditions shown in the records, such as the defendant's age, character and behavior, environment

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